ANMULA RAJI REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal preferred by the accused in SC ST SC No. 11 of 1996 on the file of the Additional Sessions Judge-cum-Special Judge under the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act'), Medak at Sangareddy. He was convicted for the offence under Section 3(2) (v) of the Act read with Section 376 IPC and sentenced to undergo imprisonment for a period of ten years and also to pay a fine of Rs. 2,000/-, in default to undergo imprisonment for a period of one year through the judgment dated 03-09-1997. The appellant preferred this appeal questioning the judgment of the Sessions Court.

(2.) The factual matrix leading to the conviction of the appellant is as follows: The victim (P.W. 1) is a lady belonging to Schedule Caste. On 28-9-1994 she went to her maize field situated at the outskirts of her village for getting green grass. The land of the accused is adjacent to the land of P.W. 1. At about 9 a.m. while P.W. 1 was cutting grass, the accused reached her frombackside, pulled her down and fell on her with an intention to rape. P.W. 1 shouted for help of her husband (P.W.3). The accused prevented her from making hue and cry, gagged her mouth with a towel and raped her. During the struggle, the left hand bangles of P.W. 1 were broken and the accused ran away on observing the arrival of P.W. 3. On questioning P.W. 1, she revealed the incident to him. He beat the victim with a stick and asked her to go to the house. She went to the house and informed about the incident to her sister P.W. 4. P.W. 3 traced the accused, brought him to the scene of offence and later to the village for panchayat. Since there was no response in the village, P.W. 3 went along with P.W. 1 to the Police Station on 29-9-1994. The police recorded Ex.P-1 complaint from P.W. 1 and registered the same as Crime No. 82 of 1994 under Section 376 IPC and Section 3(2) (v) of the Act.

(3.) During the course of investigation, P.W. 13-Head Constable seized the petticoat and saree of the victim under a cover of panchanama and sent them to the chemical examiner for examination and report. P.W. 14-Sub-Inspector of Police, conducted scene of offence panchanama and seized the broken bangle pieces of the victim on 30-9-1994. P.W. 12, the Inspector of Police, took up the investigation on 01-10-1994, recorded the statements of the witnesses, and sent P.W.1 for medical examination. The investigating officer, after obtaining the medical opinion and receiving the chemical examiners report, concluded the investigation and laid the charge sheet. The Special Court took cognizance of the offence under Section 3(2) (v) of the Act read with Section 376 of IPC against the accused.